What to do if we are being hounded for a past due bill that our former employer owes?

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What to do if we are being hounded for a past due bill that our former employer owes?

We keep getting calls from an attorney in regards to past due bill for a company both my husband and I worked for and they are saying we need to pay the bill. We have forwarded all information to prove we did not own the company. What do we do?

Asked on December 23, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can either--

1) Continue to not pay, waiting to see if you are sued--you can't be forced to pay without legal action being taken. If you are sued, you would defend yourself in court by providing evidence you are not liable for the bill; you might also try to counterclaim for your legal costs.

2) You could affirmatively bring a legal action yourself to settle the matter, seeking a "declaratory judgment" from the court that you do not owe.

Note: be sure that you don't in fact owe the money. Was it for company credit cards you and your husband used? If so, you could actually be liable for it. There are other situations, too, where an employee could be liable--if the employee acted outside the scope of his or her employment; if the employee guaranteed the debt; etc.


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